Marrying a foreign nationality in his/her country

Is it possible for an Indian citizen to get married in foreign country after marriage if both want
to settle in india, where to register? what are the requirements and what is a single status certificate?how it can be obtained?

Asked 1 year ago in Family Law from Delhi, Delhi

Religion: Hindu

You can get married under Foreign Marriage Act,1969 in Foreign country before the Indian High Commission and or before the Indian Consulate Generals Office as the case is)
2) In case a marriage between an Indian and a foreign national is to be registered in india , generally its required to file a notice of intended marriage with a Marriage Registrar in India . That notice is required to be published for the stipulated 30 days. At the end of the 30 days the Marriage Registrar is free to perform the marriage.
The notice of intended marriage can only be given in India, if at least one partner is permanently and the other partner temporarily resident in India.
After the stipulated waiting period of 30 days the marriage can take place in India. Under the Special Marriage Act, 1954 a certificate showing the signatures of the persons married, the registrar and the witnesses will be issued. This Certificate is required as proof of the marriage and when applying for a visa to for a foreign country.
The following documents are required for both the partners
a valid Passport
original Birth Certificate showing parents' names
if the person concerned is widowed, the original death certificate of the deceased spouse
If divorced, copy of the final decree
documentary evidence regarding stay in India of the parties for more than 30 days (ration card or report from the concerned SHO)

Single status certificate is a declaration of origin of your freedom to marry. Almost all countries require that a couple can provide such a certificate before they will issue a marriage licence. Single Status Certificate Attestation in India
Attestation of Single status Certificates is the act of witnessing a Single status certificate by authorised person / persons / Departments / authorities with their official seal and signature. This attestation also confirms that, the specified Single status certificate has been issued by that mentioned department and Seal and signature on that particular Single status certificate is genuine.

A marriage in India is required to be registered in most of the cases. The state governments have or are planning to make the registration of marriage compulsory in all the cases. A marriage certificate is also required in most cases for visa purposes.
All marriages with a foreigner has to solemnized under the Special Marriage Act of 1954. But one month of the notice for the registration of such marriage has to be given and after no objection to registration raised, than only marriage is registered under the Act of 1954.
Additional documents to be presented to the Indian authorities are usually:
• your valid Passport
• original Birth Certificate showing both your parents' names
• if a fiancé is widowed, the original death certificate of the deceased spouse
• if divorced, copy of the final divorce decree.
The requirement for this will be your age proof, (Passport, Birth Certificate) your address proof (Passport, Ration Card, Voters Identity card) and Martial status. The best for you both to give one notice for marriage under the Act of 1954 to the Marriage Officer of the District where you permanently reside in India, after one month notice period marry her in presence of 3 witnesses by the Marriage Officer, get Valid Marriage Certificate from the Marriage Officer
The Foreign Marriage Act, 1969 is also relating to marriages of citizens of India outside of India. For the purposes of this Act, the Central Government may, by notification in the Official Gazette, appoint such of its diplomatic or consular officers (an ambassador, envoy, minister, high commissioner, commissioner, charge d’ affaires or other diplomatic representative or a counsellor or secretary of an embassy, legation or high commission.) as it may think fit to be Marriage Officers for any foreign country.

A marriage between parties one of whom at least is a citizen of India may be solemnized under this Act by or before a Marriage Officer in a foreign country, if, at the time of the marriage, the following conditions are fulfilled, namely:—
(a) neither party has a spouse living,
(b) neither party is an idiot or a lunatic,
(c) the bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of the marriage, and
(d) the parties are not within the degrees of prohibited relationship: Provided that where the personal law or a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degree of prohibited relationship.
5. Notice of intended marriage.—When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the First Schedule to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given, and the notice shall state that the party has so resided.
Declaration by parties and witnesses.—Before the marriage is solemnized, the parties and three witnesses shall, in presence of the Marriage Officer, sign a declaration in the form specified in the Second Schedule, and the declaration shall be countersigned by the Marriage Officer.
Validity of foreign marriages in India.—Subject to the other provisions contained in this Act, a marriage solemnized in the manner provided in this Act shall be good and valid in law.
For further details you can read the provisions of special marriage act, 1954

1. An Indian citizen desirous of marrying a foreign national can marry under Foreign Marriage Act before the Indian Consulate. The certificate of registration will be granted by the Indian Consulate. Alternatively, they can marry under the Special Marriage Act before the marriage registrar in India.
2. After marriage the foreign national will be free to apply for a long term visa to settle in India with his/her spouse who holds Indian citizenship.
3. Single status certificate is a certificate which is sought by the Marriage Registrar in India while registering the marriage between an Indian and foreign national. It is issued by the competent authority in the country of which the foreign national is a citizen.

If you get registered marriage in foreign then that certificate would be acceptable in India or else get it registered in India. Check out where in Delhi there is Registrar of Marriage and get it registered. You will have to give one month notice to the Registrar and then after one month your marriage will be registered.
Regds,
Adv. Payal

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